Makueni Governor and lawyer Mutula Kilonzo Jr has called for stronger regulation of artificial intelligence in legal practice, greater attention to the mental wellbeing of lawyers and renewed commitment by the legal profession to defending constitutional rights.
Speaking at the Law Society of Kenya (LSK) Annual Conference, Kilonzo said the profession was undergoing significant change as technological advances, rising professional pressures and an expanding body of constitutional litigation presented new challenges for lawyers.
He said the conference had provided an opportunity for advocates to examine issues ranging from gender-based violence and femicide to the welfare of young lawyers, family responsibilities, financial reporting, public interest litigation, artificial intelligence and fundamental rights.
Kilonzo said discussions involving the women’s bar had highlighted the experiences of women facing gender-based violence and femicide, as well as possible measures to address the problem.
He also pointed to discussions among male lawyers and younger advocates, saying the pressures of legal practice were increasingly raising concerns about professional uncertainty and mental health.
Mentorship key to young lawyers
Kilonzo urged experienced members of the profession to play a greater role in mentoring younger advocates, saying professional success was built gradually through experience, discipline and guidance.
“The legal profession has expanded tremendously, and the legal work and pressure amongst ourselves have increased,” he said, stressing the need for senior lawyers to mentor, encourage and guide younger practitioners.
He cautioned young lawyers against shortcuts, saying professional reputation was among the most valuable assets an advocate could build.
A strong reputation, he said, requires patience and consistency and can determine an advocate’s ability to attract significant briefs and build a sustainable career.
The governor said the profession should also pay greater attention to the wellbeing of practitioners as lawyers contend with increasing workloads and professional pressures.
Calls for AI regulation
The governor also raised concerns about the growing use of artificial intelligence in legal practice, warning that inaccurate AI-generated information could undermine the administration of justice.
He said lawyers had encountered instances in which AI-generated material resulted in erroneous legal authorities or non-existent precedents being cited in court.
Such errors could have serious consequences in a legal system where judicial precedent plays a central role, he said.
Kilonzo noted that the doctrine of stare decisis requires lower courts to follow decisions of superior courts, making the accurate identification and application of precedent essential to judicial consistency.
He called for a comprehensive regulatory framework governing the use of AI by lawyers, including possible disclosure when artificial intelligence has been used in legal research or the preparation of court documents.
“Technology has advanced considerably faster than existing legal frameworks,” Kilonzo said, arguing that the profession needed clear rules governing the ethical and responsible use of AI.
He urged the LSK to take the lead in developing enforceable standards and appropriate sanctions for lawyers who deliberately or recklessly misuse AI-generated material.
Defending constitutional rights
Kilonzo said technological regulation should form part of a broader commitment by lawyers to constitutionalism and human rights.
He said Kenya’s Constitution and legislation provide extensive protections for fundamental rights, including the rights to life and human dignity, freedom of expression, association and assembly, and media freedom.
But he expressed concern over reported violations of those guarantees, citing allegations of abductions, excessive use of force and unlawful killings.
The legal profession, he said, has a responsibility to ensure constitutional protections are not merely theoretical but are enjoyed by Kenyans in practice.
Kilonzo also defended public interest litigation as an important mechanism for challenging government policies and other actions that could undermine the public interest.
He said cases involving governance, corruption and public accountability had frequently emerged through public interest litigation, making it an important component of Kenya’s constitutional order.
He encouraged young lawyers to use public interest litigation both to develop their professional skills and to contribute to the protection of society.
Although courts often do not award costs in public interest cases, Kilonzo said this should not discourage advocates from pursuing matters with broader implications for the public.
Kilonzo also highlighted the importance of financial reporting and anti-money-laundering obligations within the legal profession.
He warned that law firms and lawyers’ accounts could potentially be misused to channel proceeds of crime, making proper client due diligence and verification of the source of funds essential.
Professional responsibility, he said, extends beyond courtroom advocacy to the ethical management of financial transactions handled by advocates.
The governor’s remarks placed technology, professional welfare and constitutional rights at the centre of discussions about the future of Kenya’s legal profession.
As the LSK conference continues, advocates are expected to examine how the profession can adapt to technological and social changes while maintaining professional integrity and public confidence.
For Kilonzo, the challenge is to ensure that innovation and changing social realities strengthen rather than weaken the rule of law, ethical legal practice and the constitutional rights of Kenyans.
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